Opinions Aug. 13, 2014

Related News and Opinion

The following opinions were posted after IL deadline Tuesday:
Indiana Supreme CourtJoshua
Gomillia v. State of Indiana
49S02-1408-CR-521
Criminal. Affirms total executed sentence of 40 years imposed following a plea agreement to one count of Class A felony criminal
deviate conduct and one count of Class B felony robbery. The nature and circumstances of the crime included the trial court’s
discussion of the leadership role Gomillia played in the commission of the offenses, as well as the terror the victim suffered.
Both are appropriate reasons justifying a sentence greater than the advisory term.

Wednesday’s opinions
Indiana Supreme CourtDouglas
A. Guilmette v. State of Indiana
71S04-1310-CR-705
Criminal. Affirms denial of Guilmette’s motion to suppress DNA evidence found in blood on his shoe. Evidence properly
seized by police may be examined and subjected to scientific testing without further warrant.

Indiana Court of AppealsSCI
Propane, LLC; South Central Indiana Rural Electric Membership Corporation; et al v. Courtney Frederick, as Personal Representative
of the Estate of Stephen Frederick, deceased
55A04-1211-PL-586
Civil plenary. Affirms award of attorney fees to the estate because, although the General Wrongful Death Statute does not
explicitly provide for the recovery of attorney fees, it does specify that damages are not limited to those enumerated in
the statute. Finds the trial court abused its discretion in calculating the amount of the fees. Remands with the trial court
to revise its award so that it is consistent with the contingency fee agreement between the estate and its counsel. Also finds
the trial court did not err when it reduced its award of attorney fees according to fault allocation because its award was
compensatory in nature and subject to the state’s Comparative Fault Act.